EU Settlement Scheme

[agymorgiel]

Hi everyone.

I am just the most confused person regarding EU Citizens rights.

Please help me understand what process to follow regarding my status.
My son, husband and I have been issued a "Residence permit for national of a member state of EEC" in December 2005 and we also have a stamp in our old passports (IND) "this is at present no time limit the holder's stay in the United kingdom".
Now, what is the next step for me, apart form applying for citizenship?
Are we oblige to apply for the new settlement?

I have just received the letter form my NHS employer which states that those with PR and ILR will need to go through the process.
What is the process we should follow?

[alterhase58]

It would appear you have already PR, obtained before the new 2006 EU regulations. Are there any other documents relating to this, such as letter from Home Office? In any case, look after the old passports. You can go straight to naturalisation now, not need to apply for PR or settled status. However if you don't then you will have to apply for the settled status, which will be free because you already have PR.

[agymorgiel]

thanks,
yes we have a PR 2005 and letter from Home Office confirming all of this.
I just don't understand why I need to go through another process of confirming our status.
Just doesn't make sense to me.

[alterhase58]

Agreed but "Freedom of Movement" is supposed to end when the UK leaves the EU. Therefore PR as such is no longer valid and they expect EU citizen to register for "settled status". Those who already have PR will exchange it for settled status to come under UK Immigration Law (it is free & and there is a grace period to apply). I would recommend, if you are not applying for citizenship which you could do now, to apply for settled status as soon as the system is available. As you are working in the NHS you may be able to do this as part of the beta test phase, I understand.

[Richard W]

Agreed but "Freedom of Movement" is supposed to end when the UK leaves the EU. Therefore PR as such is no longer valid and they expect EU citizen to register for "settled status".

I don't believe the OP has confirmation of permanent residence. I believe they have indefinite leave to remain (ILR), which confusingly used to be referred to as permanent residence. It is highly likely that they have achieved permanent residence under the EEA regulations, and highly probable that none of them has a DCPR.

If my understanding is correct, they are free to remain in the UK and starve. I suspect they have used their EU nationality to provide evidence of permission to work. This will cease to be evidence of the right to work, though we do not know whether once given it will indefinitely provide the current employer with a statutory defence against a fine for employing someone without permission to work. They cannot use their current evidence of holding ILR, for that is in expired passports, to provide employers with a statutory defence.

If they do not apply for settled status, which in their cases will upgrade their ILR to ILR that would only expire after 5 years absence form the UK, they risk being dismissed, and would be unable to take new employment without applying for Biometric Residence Permits (BRP). Settled status is cheaper. I believe such dismissals would be unfair.

[alterhase58]

The subject seems to create a lot of confusion and the OP may get unduly worried.
Certainly for naturalisation, AFAIK all documentation which shows that indefinite leave was given, before the 2006 regulations, is accepted as proof of unrestricted immigration status, even if in expired passports, residence card, etc (as was my experience).

[agymorgiel]

Agreed but "Freedom of Movement" is supposed to end when the UK leaves the EU. Therefore PR as such is no longer valid and they expect EU citizen to register for "settled status".

I don't believe the OP has confirmation of permanent residence. I believe they have indefinite leave to remain (ILR), which confusingly used to be referred to as permanent residence.

I have PR (blue book) and ILR both obtained in 2005.

[alterhase58]

The blue trifold is the residence permit stamped with ILR? Then that's what I have dating back to the 1980s and which was accepted for naturalisation. So if you don't want to go for citizenship go straight for settled status when the system is open (we need to see the system working to understand how this can be input into the application). Unless I am missing something fundamental here.

[agymorgiel]

The blue trifold is the residence permit stamped with ILR? Then that's what I have dating back to the 1980s and which was accepted for naturalisation. So if you don't want to go for citizenship go straight for settled status when the system is open (we need to see the system working to understand how this can be input into the application). Unless I am missing something fundamental here.

The trifold bkue card is only with the 10 years date and nothing else. Stamps we have in our old passports. I found a letter from our solicitor (attached). What I am worried about is if my status need to obtained again, how I can trust the system that this will not change again in the future or my status will be removed completly, as at the moment it seems that I need to make one choice of two, naturalisation or sttlement. Why I can’t just stay as it is? Weblink removed by moderator

[CR001]

The blue trifold is the residence permit stamped with ILR? Then that's what I have dating back to the 1980s and which was accepted for naturalisation. So if you don't want to go for citizenship go straight for settled status when the system is open (we need to see the system working to understand how this can be input into the application). Unless I am missing something fundamental here.

The trifold bkue card is only with the 10 years date and nothing else. Stamps we have in our old passports. I found a letter from our solicitor (attached). What I am worried about is if my status need to obtained again, how I can trust the system that this will not change again in the future or my status will be removed completly, as at the moment it seems that I need to make one choice of two, naturalisation or sttlement. Why I can’t just stay as it is? Weblink removed by moderator

If you are going to post a link to an HO document, please make sure the share file is anonymous and that the contents of the letter has ALL personal details such as names etc removed or blacked out for your own privacy and security.

[Richard W]

What I am worried about is if my status need to obtained again, how I can trust the system that this will not change again in the future or my status will be removed completly, as at the moment it seems that I need to make one choice of two, naturalisation or sttlement.

No, your status as a holder of ILR will not be removed. If you do not want to be employed, you do not need to do anything.

The problem is that some ILR stamps were stolen from Heathrow. Therefore the impression of an ILR stamp in an expired passport cannot be trusted by employers as evidence that a person may lawfully work; the stamp could have been applied using a stolen stamp. This affects all long-time holders of ILR; if they want new employment, they must obtain a BRP, and the first one costs hundreds of pounds. In one way you are privileged - you should pay no fee to be registered under the EU settlement scheme, and should not need to obtain a BRP.

Now, if your employer has a copy of the ILR stamp as evidence of your right to work, you do not need to do anything until you change employer. It is also conceivable an old copy of your EU passport will also continue to be treated as a copy of a 'List A' document - that you may not need to supply fresh evidence of the right to work for your employer to have a statutory defence.